Federal Register of Legislation - Australian Government

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A Bill for an Act to make amendments to deal with the cessation of the Council of Australian Governments and to make amendments relating to the National Cabinet, and for related purposes
Administered by: Prime Minister and Cabinet
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 14 Sep 2021
Introduced HR 02 Sep 2021
Table of contents.

2019‑2020‑2021

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

COAG Legislation Amendment Bill 2021

 

No.      , 2021

 

(Prime Minister)

 

 

 

A Bill for an Act to make amendments to deal with the cessation of the Council of Australian Governments and to make amendments relating to the National Cabinet, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 3

Schedule 1—Amendments of references to COAG Reform Fund etc. 4

Part 1—Amendment of the COAG Reform Fund Act 2008                   4

COAG Reform Fund Act 2008                                                                                   4

Part 2—Amendments of other Acts                                                                      6

DisabilityCare Australia Fund Act 2013                                                                6

Emergency Response Fund Act 2019                                                                       6

Federal Financial Relations Act 2009                                                                    6

Fuel Indexation (Road Funding) Special Account Act 2015                              7

Future Drought Fund Act 2019                                                                                7

Medical Research Future Fund Act 2015                                                               7

Offshore Petroleum and Greenhouse Gas Storage Act 2006                              7

Proceeds of Crime Act 2002                                                                                      8

Part 3—Other bulk amendments                                                                             9

DisabilityCare Australia Fund Act 2013                                                                9

Emergency Response Fund Act 2019                                                                       9

Federal Financial Relations Act 2009                                                                  10

Fuel Indexation (Road Funding) Special Account Act 2015                            10

Future Drought Fund Act 2019                                                                              11

Medical Research Future Fund Act 2015                                                             11

Offshore Petroleum and Greenhouse Gas Storage Act 2006                            12

Proceeds of Crime Act 2002                                                                                    12

Part 4—Contingent amendments                                                                          13

Emergency Response Fund Act 2019                                                                     13

Schedule 2—Amendments of references to COAG and Ministerial Council etc.               14

Part 1—Main amendments                                                                                       14

Australian Curriculum, Assessment and Reporting Authority Act 2008        14

Australian Education Act 2013                                                                              14

Australian National Preventive Health Agency Act 2010                                 15

Biological Control Act 1984                                                                                   15

Defence (Road Transport Legislation Exemption) Act 2006                            16

Fisheries Management Act 1991                                                                            16

Healthcare Identifiers Act 2010                                                                             16

Infrastructure Australia Act 2008                                                                          16

Marine Safety (Domestic Commercial Vessel) National Law Act 2012          17

My Health Records Act 2012                                                                                   18

National Disability Insurance Scheme Act 2013                                                19

National Health Reform Act 2011                                                                          19

National Transport Commission Act 2003                                                           24

National Vocational Education and Training Regulator Act 2011               26

Offshore Petroleum and Greenhouse Gas Storage Act 2006                            26

Student Identifiers Act 2014                                                                                    27

Part 2—Application, transitional and saving provisions                            28

Schedule 3—Amendments relating to the National Cabinet                     33

Part 1—Amendments                                                                                                  33

Administrative Appeals Tribunal Act 1975                                                          33

Administrative Decisions (Judicial Review) Act 1977                                       33

Archives Act 1983                                                                                                      34

Auditor‑General Act 1997                                                                                       34

Australian Crime Commission Act 2002                                                               34

Australian Human Rights Commission Act 1986                                                35

Foreign Acquisitions and Takeovers Act 1975                                                    35

Freedom of Information Act 1982                                                                          36

Independent National Security Legislation Monitor Act 2010                        36

Law Enforcement Integrity Commissioner Act 2006                                          37

Migration Act 1958                                                                                                   37

Ombudsman Act 1976                                                                                               38

Parliamentary Joint Committee on Law Enforcement Act 2010                      38

Privacy Act 1988                                                                                                       38

Public Interest Disclosure Act 2013                                                                      39

Part 2—Contingent amendments                                                                          40

Australian Citizenship Act 2007                                                                            40

Data Availability and Transparency Act 2021                                                    40

Part 3—Application provision                                                                                41

 

 


A Bill for an Act to make amendments to deal with the cessation of the Council of Australian Governments and to make amendments relating to the National Cabinet, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the COAG Legislation Amendment Act 2021.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1, Parts 1 to 3

The day after this Act receives the Royal Assent.

 

3.  Schedule 1, Part 4

Immediately after the commencement of Schedule 4 to the Investment Funds Legislation Amendment Act 2021.

However, the provisions do not commence at all if:

(a) that Schedule does not commence; or

(b) that Schedule commences at or before the time the provisions covered by table item 2 commence.

 

4.  Schedule 2

The day after this Act receives the Royal Assent.

 

5.  Schedule 3, items 1 to 7

The day after this Act receives the Royal Assent.

 

6.  Schedule 3, item 8

The later of:

(a) immediately after the commencement of the provisions covered by table item 5; and

(b) immediately after the commencement of Schedule 2 to the Transport Security Amendment (Serious Crime) Act 2021.

 

7.  Schedule 3, items 9 to 30

The day after this Act receives the Royal Assent.

 

8.  Schedule 3, item 31

The later of:

(a) immediately after the commencement of the provisions covered by table item 5; and

(b) immediately after the commencement of Schedule 2 to the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Act 2021.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

 

9.  Schedule 3, item 32

The later of:

(a) immediately after the commencement of the provisions covered by table item 5; and

(b) immediately after the commencement of section 106 of the Data Availability and Transparency Act 2021.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

 

10.  Schedule 3, Part 3

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments of references to COAG Reform Fund etc.

Part 1Amendment of the COAG Reform Fund Act 2008

COAG Reform Fund Act 2008

1  Title

Omit “COAG”, substitute “Federation”.

2  Section 1

Omit “COAG”, substitute “Federation”.

Note:          This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

3  Section 3

Omit “COAG” (wherever occurring), substitute “Federation”.

4  Part 2 (heading)

Omit “COAG”, substitute “Federation”.

5  Section 5 (heading)

Omit “COAG”, substitute “Federation”.

6  Section 5

Omit “COAG” (wherever occurring), substitute “Federation”.

7  Section 6 (heading)

Omit “COAG”, substitute “Federation”.

8  Section 6

Omit “COAG”, substitute “Federation”.

9  Section 7

Omit “COAG” (wherever occurring), substitute “Federation”.

Part 2Amendments of other Acts

DisabilityCare Australia Fund Act 2013

10  Section 4 (definition of COAG Reform Fund)

Repeal the definition.

11  Section 4

Insert:

Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.

Emergency Response Fund Act 2019

12  Section 4 (definition of COAG Reform Fund)

Repeal the definition.

13  Section 4

Insert:

Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.

Federal Financial Relations Act 2009

14  Section 4 (definition of COAG Reform Fund)

Repeal the definition.

15  Section 4

Insert:

Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.

Fuel Indexation (Road Funding) Special Account Act 2015

16  Section 4 (definition of COAG Reform Fund)

Repeal the definition.

17  Section 4

Insert:

Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.

Future Drought Fund Act 2019

18  Section 5 (definition of COAG Reform Fund)

Repeal the definition.

19  Section 5

Insert:

Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.

Medical Research Future Fund Act 2015

20  Section 5 (definition of COAG Reform Fund)

Repeal the definition.

21  Section 5

Insert:

Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.

Offshore Petroleum and Greenhouse Gas Storage Act 2006

22  Section 7 (definition of COAG Reform Fund)

Repeal the definition.

23  Section 7

Insert:

Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.

24  Paragraph 75(5)(a)

Omit “COAG”, substitute “Federation”.

Proceeds of Crime Act 2002

25  Section 338 (definition of COAG Reform Fund)

Repeal the definition.

26  Section 338

Insert:

Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008.

Part 3Other bulk amendments

27  Amendments of listed provisions—references to COAG Reform Fund

Omit “COAG Reform Fund” (wherever occurring) and substitute “Federation Reform Fund” in the specified provisions of the Acts listed in this Part.

DisabilityCare Australia Fund Act 2013

28  Sections 3 and 9

29  Paragraph 14(a)

30  Section 18 (heading)

31  Paragraph 18(1)(b)

32  Subsection 18(2)

33  Section 21 (heading)

34  Paragraph 21(1)(b)

35  Subsection 21(2) (heading)

36  Subsection 21(2)

37  Paragraph 22(1)(a)

Emergency Response Fund Act 2019

38  Sections 3 and 8

39  Paragraph 14(b)

40  Section 19

41  Subsections 28(4) and 28A(4) (notes)

42  Division 4 of Part 3 (heading)

43  Section 32 (heading)

44  Section 32

45  Section 32A (heading)

46  Section 32A

47  Section 33 (heading)

48  Section 33

Federal Financial Relations Act 2009

49  Paragraphs 9(2)(a) and (b), (3)(a) and (b) and (4)(a) and (b)

50  Paragraphs 16(2)(a) and (b), (3)(a) and (b) and (4)(a) and (b)

Fuel Indexation (Road Funding) Special Account Act 2015

51  Section 3

52  Subsection 9(1)

53  Section 10 (heading)

54  Subsection 10(1)

55  Paragraph 10(2)(b)

56  Subsection 10(3)

57  Section 11 (heading)

58  Paragraph 11(1)(b)

59  Subsection 11(2) (heading)

60  Subsection 11(2)

61  Paragraph 12(1)(a)

62  Subsection 12(1) (note)

Future Drought Fund Act 2019

63  Paragraph 15(c)

64  Section 20

65  Paragraph 36(c)

66  Division 5A of Part 3 (heading)

67  Section 36AA (heading)

68  Paragraph 36AA(1)(b)

69  Subsection 36AA(2)

70  Section 36AB (heading)

71  Section 36AB

Medical Research Future Fund Act 2015

72  Sections 4 and 10

73  Paragraph 17(a)

74  Subdivision C of Division 4 of Part 2 (heading)

75  Section 20 (heading)

76  Paragraph 20(1)(b)

77  Subsection 20(2)

78  Section 21 (heading)

79  Subsection 21(1)

80  Paragraphs 21(2)(a) and 58(1)(a)

Offshore Petroleum and Greenhouse Gas Storage Act 2006

81  Subsection 75(3) (heading)

82  Subsections 75(3) and (4)

Proceeds of Crime Act 2002

83  Paragraph 297(ba)

84  Section 298E (heading)

85  Paragraph 298E(1)(b)

86  Subsection 298E(2)

87  Section 298F (heading)

88  Section 298F

Part 4Contingent amendments

Emergency Response Fund Act 2019

89  Subsections 32(1A) and (1) and 32A(1A) and (1)

Omit “COAG Reform Fund” (wherever occurring), substitute “Federation Reform Fund”.

Schedule 2Amendments of references to COAG and Ministerial Council etc.

Part 1Main amendments

Australian Curriculum, Assessment and Reporting Authority Act 2008

1  Section 3 (definition of Ministerial Council)

Repeal the definition, substitute:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to education.

Australian Education Act 2013

2  Preamble

Omit “the Council of Australian Governments and the Education Council”, substitute “the First Ministers’ Council and the Ministerial Council”.

3  Section 6

Insert:

First Ministers’ Council means a body (however described) that consists only of, or that includes, the following:

                     (a)  the Prime Minister;

                     (b)  the Premiers of each State;

                     (c)  the Chief Ministers of the Australian Capital Territory and Northern Territory.

4  Section 6 (definition of Ministerial Council)

Repeal the definition, substitute:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to school education.

Australian National Preventive Health Agency Act 2010

5  Section 3 (definition of Ministerial Conference)

Repeal the definition.

6  Section 3

Insert:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health.

7  Paragraphs 11(1)(b) and (3)(a) and (b)

Omit “Conference” (wherever occurring), substitute “Council”.

8  Subsections 11(4), 14(3), 22(2), 31(4), 39(2), 40(3) and (4), 44(2) and (3), 45(5) and (6), 47(2) and (3) and 48(1)

Omit “Conference”, substitute “Council”.

9  Section 55 (heading)

Omit “Conference”, substitute “Council”.

10  Section 55

Omit “Conference” (wherever occurring), substitute “Council”.

Biological Control Act 1984

11  Subsection 2(1) (definition of Council)

Repeal the definition, substitute:

Council means:

                     (a)  if there is a body (however described) that consists of the Minister of the Commonwealth, the Minister of each State and Territory and the Minister of New Zealand who is responsible, or principally responsible, for matters relating to agriculture—that body; or

                     (b)  otherwise—a body prescribed by the regulations for the purposes of this paragraph.

Defence (Road Transport Legislation Exemption) Act 2006

12  Section 3 (definition of Australian Transport Council)

Repeal the definition.

13  Section 3 (definition of Exemption Framework)

Omit “and endorsed by the Australian Transport Council on 18 November 2005”.

Fisheries Management Act 1991

14  Subsection 4(1) (definition of Ministerial Council)

Repeal the definition, substitute:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to fisheries.

Healthcare Identifiers Act 2010

15  Section 5 (definition of Ministerial Council)

Repeal the definition, substitute:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health.

Infrastructure Australia Act 2008

16  Section 3 (definition of COAG)

Repeal the definition.

17  Subsection 6(2)

Repeal the subsection, substitute:

             (2)  In giving directions under subsection (1), the Minister may have regard to any relevant decisions of a body (however described) that consists only of, or that includes, the following:

                     (a)  the Prime Minister;

                     (b)  the Premiers of each State;

                     (c)  the Chief Ministers of the Australian Capital Territory and Northern Territory.

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

18  Paragraphs 12(2)(b) and (c)

Omit “COAG Council under the Intergovernmental Agreement for Commercial Vessel Safety Reform”, substitute “Ministerial Council”.

19  Section 6 of the Marine Safety (Domestic Commercial Vessel) National Law (definition of COAG)

Repeal the definition.

20  Section 6 of the Marine Safety (Domestic Commercial Vessel) National Law (definition of COAG Council)

Repeal the definition.

21  Section 6 of the Marine Safety (Domestic Commercial Vessel) National Law

Insert:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to marine safety.

22  Section 6 of the Marine Safety (Domestic Commercial Vessel) National Law (definition of National Standard for Commercial Vessels)

Repeal the definition, substitute:

National Standard for Commercial Vessels means the National Standard for Commercial Vessels developed and maintained by the National Regulator.

23  Section 6 of the Marine Safety (Domestic Commercial Vessel) National Law (definition of Uniform Shipping Laws Code)

Repeal the definition, substitute:

Uniform Shipping Laws Code means the Uniform Shipping Laws Code developed and maintained by the National Regulator.

24  Paragraphs 159(6)(a) and (b) of the Marine Safety (Domestic Commercial Vessel) National Law

Omit “COAG”, substitute “Ministerial”.

25  Subsection 160(3) of the Marine Safety (Domestic Commercial Vessel) National Law

Repeal the subsection.

My Health Records Act 2012

26  Section 5

Insert:

Health Chief Executives Forum means a body (however described) that consists of:

                     (a)  the Secretary of the Department; and

                     (b)  each head (however described) of the Health Department of a State or Territory.

27  Section 5 (definition of Ministerial Council)

Repeal the definition, substitute:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health.

28  Paragraph 109(2)(b)

Repeal the paragraph, substitute:

                     (b)  the Health Chief Executives Forum.

29  Subclause 1(3) of Schedule 1

Omit “a subcommittee of the Ministerial Council, prescribed by the regulations for the purposes of this subclause”, substitute “the Health Chief Executives Forum”.

National Disability Insurance Scheme Act 2013

30  Subparagraph 3(3)(c)(i)

Repeal the subparagraph, substitute:

                              (i)  the National Disability Strategy as agreed to by the Commonwealth and each host jurisdiction from time to time; and

31  Section 9 (definition of COAG)

Repeal the definition.

32  Section 9 (definition of Ministerial Council)

Repeal the definition, substitute:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to the National Disability Insurance Scheme.

33  Paragraphs 12(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  advise and make recommendations to the Minister about such matters.

National Health Reform Act 2011

34  Section 5 (definition of COAG)

Repeal the definition.

35  Section 5

Insert:

First Ministers’ Council means a body (however described) that consists only of, or that includes, the following:

                     (a)  the Prime Minister;

                     (b)  the Premiers of each State;

                     (c)  the Chief Ministers of the Australian Capital Territory and Northern Territory.

Health Chief Executives Forum means a body (however described) that consists of:

                     (a)  the Secretary; and

                     (b)  each head (however described) of the Health Department of a State or Territory.

36  Section 5 (paragraph (b) of the definition of intergovernmental agreement)

Repeal the paragraph, substitute:

                     (b)  a written resolution of the First Ministers’ Council passed in accordance with the procedures determined by that Council.

37  Section 5 (definition of Ministerial Conference)

Repeal the definition.

38  Section 5

Insert:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health.

39  Section 5 (definition of Standing Council on Health)

Repeal the definition.

40  Paragraphs 54H(1)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  the Ministerial Council;

                     (c)  Health Chief Executives Forum;

41  Paragraph 131(1)(m)

Omit “COAG”, substitute “the First Ministers’ Council”.

42  Subsection 131(2)

Repeal the subsection, substitute:

             (2)  The First Ministers’ Council is to give its agreement for the purposes of paragraph (1)(m) by a written resolution of that Council passed in accordance with the procedures determined by that Council.

43  Section 133 (heading)

Omit “COAG”, substitute “First Ministers’ Council”.

44  Subsection 133(1)

Omit “COAG”, substitute “The First Ministers’ Council”.

45  Subsection 133(2)

Omit “COAG passed in accordance with the procedures determined by COAG”, substitute “the First Ministers’ Council passed in accordance with the procedures determined by that Council”.

46  Subsection 146(5) (heading)

Omit “Standing Council on Health”, substitute “Ministerial Council”.

47  Subsections 146(5) and (6) and 179(2)

Omit “Standing Council on Health”, substitute “Ministerial Council”.

48  Section 209 (heading)

Omit “Standing Council on Health”, substitute “Ministerial Council”.

49  Subsections 209(1) and (2)

Omit “Standing Council on Health”, substitute “Ministerial Council”.

50  Paragraphs 220(1)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  the Ministerial Council;

                     (d)  Health Chief Executives Forum;

51  Paragraph 220(1)(h)

Omit “COAG”, substitute “the First Ministers’ Council”.

52  Subsection 220(2)

Repeal the subsection, substitute:

             (2)  The First Ministers’ Council is to give its agreement for the purposes of paragraph (1)(h) by a written resolution of that Council passed in accordance with the procedures determined by that Council.

53  Subsection 226(2)

Omit “Standing Council on Health”, substitute “Ministerial Council”.

54  Section 230 (heading)

Repeal the heading, substitute:

230  Constitution of Ministerial Council etc.

55  Subsection 230(1)

Repeal the subsection.

56  Subsection 230(2)

Omit “Standing Council on Health”, substitute “Ministerial Council”.

57  Subsection 230(2)

Omit “this Part”, substitute “Part 5.2”.

58  Subsections 230(3) and (4)

Omit “Standing Council on Health”, substitute “Ministerial Council”.

59  Subsections 232(1) to (3)

Omit “Standing Council on Health”, substitute “Ministerial Council”.

60  Sections 234, 235 and 236

Omit “Standing Council on Health” (wherever occurring), substitute “Ministerial Council”.

61  Subsections 238(3) and (4)

Omit “given by COAG”, substitute “given by the First Ministers’ Council”.

62  Paragraph 238(4)(a)

Omit “COAG passed in accordance with the procedures determined by COAG”, substitute “the First Ministers’ Council passed in accordance with the procedures determined by that Council”.

63  Section 246

Omit “COAG”, substitute “the First Ministers’ Council”.

64  Paragraph 268(2)(f)

Omit “COAG”, substitute “the First Ministers’ Council”.

65  Paragraphs 275(1)(e) and (f)

Repeal the paragraphs, substitute:

                     (e)  the Ministerial Council;

                      (f)  Health Chief Executives Forum;

66  Paragraph 275(1)(j)

Omit “COAG”, substitute “the First Ministers’ Council”.

67  Subsection 275(2)

Repeal the subsection, substitute:

             (2)  The First Ministers’ Council is to give its agreement for the purposes of paragraph (1)(j) by a written resolution of that Council passed in accordance with the procedures determined by that Council.

68  Subsection 282(3)

Omit “Standing Council on Health”, substitute “Ministerial Council”.

National Transport Commission Act 2003

69  Subparagraphs 3(b)(i) and (ii)

Omit “Australian Transport”, substitute “Ministerial”.

70  Section 4 (definition of Australian Transport Council)

Repeal the definition.

71  Section 4

Insert:

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.

72  Section 4 (definition of road transport legislation)

Omit “Australian Transport”, substitute “Ministerial”.

73  Paragraph 6(1)(c)

Omit “Australian Transport”, substitute “Ministerial”.

74  Section 8 (heading)

Omit “Australian Transport”, substitute “Ministerial”.

75  Subsections 8(1), (2) and (3)

Omit “Australian Transport” (wherever occurring), substitute “Ministerial”.

76  Sections 12, 13, 16, 17, 19, 20, 21, 22, 23, 25, 37, 38, 40, 41 and 48

Omit “Australian Transport” (wherever occurring), substitute “Ministerial”.

77  Section 49 (heading)

Omit “Australian Transport”, substitute “Ministerial”.

78  Subsections 49(1) to (4)

Omit “Australian Transport” (wherever occurring), substitute “Ministerial”.

79  Section 50 (heading)

Omit “Australian Transport Council”, substitute “Ministerial Council etc.”.

80  Paragraph 50(1)(a)

Omit “Australian Transport” (wherever occurring), substitute “Ministerial”.

81  Subsection 50(1)

Omit “Australian Transport Council or the” (wherever occurring), substitute “Ministerial Council or the former”.

82  Paragraphs 50(2)(a) and (b)

Omit “Australian Transport”, substitute “Ministerial”.

83  Subsections 50(3), (4) and (5)

Omit “Australian Transport” (wherever occurring), substitute “Ministerial”.

84  Subsection 50(6)

Repeal the subsection, substitute:

             (6)  In this section:

former Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement (within the meaning of the repealed National Road Transport Commission Act 1991, as that Agreement was in force before the commencement of subsection 44(6) of that Act).

85  Subsection 51(1)

Omit “Australian Transport”, substitute “Ministerial”.

National Vocational Education and Training Regulator Act 2011

86  Section 3 (paragraph (a) of the definition of Ministerial Council)

Repeal the paragraph, substitute:

                     (a)  if there is a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to training and skills—that body; or

Offshore Petroleum and Greenhouse Gas Storage Act 2006

87  Section 7 (definition of Ministers responsible for mineral and energy resources matters)

Repeal the definition, substitute:

Ministers responsible for mineral and energy resources matters means a body (however described) that consists of the Minister of the Commonwealth, the Minister of each State and Territory and the Minister of New Zealand who is responsible, or principally responsible, for matters relating to energy or resources (or both).

88  Section 643 (paragraph (a) of the definition of Greenhouse Gas Storage Ministerial Council)

Repeal the paragraph, substitute:

                     (a)  if there is a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to:

                              (i)  the injection of greenhouse gas substances into parts of geological formations; and

                             (ii)  the permanent storage of greenhouse gas substances in parts of geological formations;

                            that body; or

Student Identifiers Act 2014

89  Subsection 4(1) (paragraph (a) of the definition of Ministerial Council)

Repeal the paragraph, substitute:

                     (a)  if there is a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to training and skills—that body; or

Part 2Application, transitional and saving provisions

90  Definitions

In this Part:

amended Act means an Act amended by Part 1 of this Schedule.

ANPHA Act means the Australian National Preventive Health Agency Act 2010.

Australian Transport Council has the same meaning as in the NTC Act, as in force immediately before the commencement time.

BC Act means the Biological Control Act 1984.

COAG means the Council of Australian Governments.

commencement time means the commencement of this Part.

Council has the same meaning as in the BC Act, as in force immediately before the commencement time.

First Ministers’ Council means the First Ministers’ Council within the meaning of a particular amended Act, as amended by Part 1 of this Schedule.

former Ministerial Council means a Ministerial Council within the meaning of a particular amended Act, as in force immediately before the commencement time.

Ministerial Conference has the same meaning as in the ANPHA Act, as in force immediately before the commencement time.

new Ministerial Council means a Ministerial Council within the meaning of a particular amended Act, as amended by Part 1 of this Schedule.

NHR Act means the National Health Reform Act 2011.

NTC Act means the National Transport Commission Act 2003.

Standing Council on Health has the same meaning as in the NHR Act, as in force immediately before the commencement time.

91  Things done by, or in relation to, COAG

Anything done by, or in relation to, COAG under, or for the purposes of, a particular amended Act before the commencement time has effect after that time as if the thing had been done by, or in relation to, the First Ministers’ Council under, or for the purposes of, that particular amended Act.

92  Things started but not finished by COAG

(1)       This item applies if:

                     (a)  before the commencement time, COAG started doing a thing under, or for the purposes of, a particular amended Act; and

                     (b)  immediately before that time, COAG had not finished doing that thing.

(2)       The First Ministers’ Council may, after the commencement time, finish doing the thing under, or for the purposes of, that particular amended Act.

93  Things done by, or in relation to, a former Ministerial Council

Anything done by, or in relation to, a former Ministerial Council under, or for the purposes of, a particular amended Act before the commencement time has effect after that time as if the thing had been done by, or in relation to, a new Ministerial Council under, or for the purposes of, that particular amended Act.

94  Things started but not finished by a former Ministerial Council

(1)       This item applies if:

                     (a)  before the commencement time, a former Ministerial Council started doing a thing under, or for the purposes of, a particular amended Act; and

                     (b)  immediately before that time, the former Ministerial Council had not finished doing that thing.

(2)       A new Ministerial Council may, after the commencement time, finish doing the thing under, or for the purposes of, that particular amended Act.

95  Things done by, or in relation to, the Ministerial Conference

Anything done by, or in relation to, the Ministerial Conference under, or for the purposes of, the ANPHA Act before the commencement time has effect after that time as if the thing had been done by, or in relation to, the Ministerial Council (within the meaning of that Act, as amended by Part 1 of this Schedule) under, or for the purposes of, that Act.

96  Things started but not finished by the Ministerial Conference

(1)       This item applies if:

                     (a)  before the commencement time, the Ministerial Conference started doing a thing under, or for the purposes of, the ANPHA Act; and

                     (b)  immediately before that time, the Ministerial Conference had not finished doing that thing.

(2)       The Ministerial Council (within the meaning of the ANPHA Act, as amended by Part 1 of this Schedule) may, after the commencement time, finish doing the thing under, or for the purposes of, that Act.

97  Things done by, or in relation to, the Standing Council on Health

Anything done by, or in relation to, the Standing Council on Health under, or for the purposes of, the NHR Act before the commencement time has effect after that time as if the thing had been done by, or in relation to, the Ministerial Council (within the meaning of that Act, as amended by Part 1 of this Schedule) under, or for the purposes of, that Act.

98  Things started but not finished by the Standing Council on Health

(1)       This item applies if:

                     (a)  before the commencement time, the Standing Council on Health started doing a thing under, or for the purposes of, the NHR Act; and

                     (b)  immediately before that time, the Standing Council on Health had not finished doing that thing.

(2)       The Ministerial Council (within the meaning of the NHR Act, as amended by Part 1 of this Schedule) may, after the commencement time, finish doing the thing under, or for the purposes of, that Act (as amended by that Part).

99  Things done by, or in relation to, the Council

Anything done by, or in relation to, the Council under, or for the purposes of, the BC Act before the commencement time has effect after that time as if the thing had been done by, or in relation to, the Council (within the meaning of that Act, as amended by Part 1 of this Schedule) under, or for the purposes of, that Act.

100  Things started but not finished by the Council

(1)       This item applies if:

                     (a)  before the commencement time, the Council started doing a thing under, or for the purposes of, the BC Act; and

                     (b)  immediately before that time, the Council had not finished doing that thing.

(2)       The Council (within the meaning of the BC Act, as amended by Part 1 of this Schedule) may, after the commencement time, finish doing the thing under, or for the purposes of, that Act.

101  Things done by, or in relation to, the Australian Transport Council

Anything done by, or in relation to, the Australian Transport Council under, or for the purposes of, the NTC Act before the commencement time has effect after that time as if the thing had been done by, or in relation to, the Ministerial Council (within the meaning of that Act, as amended by Part 1 of this Schedule) under, or for the purposes of, that Act.

102  Things started but not finished by the Australian Transport Council

(1)       This item applies if:

                     (a)  before the commencement time, the Australian Transport Council started doing a thing under, or for the purposes of, the NTC Act; and

                     (b)  immediately before that time, the Australian Transport Council had not finished doing that thing.

(2)       The Ministerial Council (within the meaning of the NTC Act, as amended by Part 1 of this Schedule) may, after the commencement time, finish doing the thing under, or for the purposes of, that Act.

103  Transitional rules

(1)       The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.

(2)       To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.

(3)       This Schedule (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

Schedule 3Amendments relating to the National Cabinet

Part 1Amendments

Administrative Appeals Tribunal Act 1975

1  Subsection 3(1)

Insert:

Cabinet includes:

                     (a)  a committee of the Cabinet (including the committee known as the National Cabinet); and

                     (b)  a committee (however described) of the National Cabinet.

State Cabinet means the Cabinet of a State or a committee of the Cabinet of a State.

2  Paragraphs 28(2)(b) and 36(1)(b)

Omit “or of a Committee of the Cabinet”.

3  Paragraph 36B(1)(a)

Omit “Cabinet, or of a Committee of the Cabinet, of the State”, substitute “State Cabinet”.

4  Paragraph 39B(2)(b)

Omit “or a Committee of the Cabinet”.

Administrative Decisions (Judicial Review) Act 1977

5  Paragraph 14(1)(b)

Repeal the paragraph, substitute:

                     (b)  by reason that it would involve the disclosure of deliberations or decisions of:

                              (i)  the Cabinet; or

                             (ii)  a committee of the Cabinet (including the committee known as the National Cabinet); or

                            (iii)  a committee (however described) of the National Cabinet; or

Archives Act 1983

6  Subsection 3(1) (definition of Cabinet notebook)

Repeal the definition, substitute:

Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of:

                     (a)  the Cabinet; or

                     (b)  a committee of the Cabinet (including the committee known as the National Cabinet); or

                     (c)  a committee (however described) of the National Cabinet;

being notes made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet.

Auditor‑General Act 1997

7  Paragraph 37(2)(b)

Repeal the paragraph, substitute:

                     (b)  it would involve the disclosure of deliberations or decisions of:

                              (i)  the Cabinet; or

                             (ii)  a committee of the Cabinet (including the committee known as the National Cabinet); or

                            (iii)  a committee (however described) of the National Cabinet;

Australian Crime Commission Act 2002

8  Paragraph 36L(2)(c)

Repeal the paragraph, substitute:

                     (c)  because it would involve the disclosure of deliberations or decisions of:

                              (i)  the Cabinet; or

                             (ii)  a committee of the Cabinet (including the committee known as the National Cabinet); or

                            (iii)  a committee (however described) of the National Cabinet; or

                            (iv)  the Executive Council; or

Australian Human Rights Commission Act 1986

9  Subsection 3(1)

Insert:

Cabinet includes:

                     (a)  a committee of the Cabinet (including the committee known as the National Cabinet); and

                     (b)  a committee (however described) of the National Cabinet.

State Cabinet means the Cabinet of a State or a committee of the Cabinet of a State.

10  Paragraph 14(5)(c)

Repeal the paragraph, substitute:

                     (c)  the disclosure of deliberations or decisions of the Cabinet or the State Cabinet;

11  Paragraph 24(1)(c)

Omit “or of a Committee of the Cabinet”.

12  Subsection 24(1A)

Omit “, a Committee of the Cabinet or the Executive Council are to be treated as references to the corresponding body or committee”, substitute “are to be treated as references to the State Cabinet and references to the Executive Council are to be treated as references to the corresponding body”.

Foreign Acquisitions and Takeovers Act 1975

13  Paragraph 130H(2)(b)

Repeal the paragraph, substitute:

                     (b)  because it would involve the disclosure of deliberations or decisions of:

                              (i)  the Cabinet; or

                             (ii)  a committee of the Cabinet (including the committee known as the National Cabinet); or

                            (iii)  a committee (however described) of the National Cabinet; or

                            (iv)  the Executive Council; or

Freedom of Information Act 1982

14  Subsection 4(1) (definition of Cabinet)

Repeal the definition, substitute:

Cabinet includes:

                     (a)  a committee of the Cabinet (including the committee known as the National Cabinet); and

                     (b)  a committee (however described) of the National Cabinet.

15  Subparagraph 34(1)(a)(i)

Omit “a Minister”, substitute “a Minister of the Commonwealth, or a Minister of a State,”.

16  Paragraph 34(1)(c)

Omit “a Minister”, substitute “a Minister of the Commonwealth, or a Minister of a State,”.

Independent National Security Legislation Monitor Act 2010

17  Section 4

Insert:

Cabinet includes:

                     (a)  a committee of the Cabinet (including the committee known as the National Cabinet); and

                     (b)  a committee (however described) of the National Cabinet.

State Cabinet means the Cabinet of a State or a committee of the Cabinet of a State.

18  Subparagraphs 29(3)(d)(i) and (e)(i)

Repeal the subparagraphs, substitute:

                              (i)  the Cabinet; or

                            (ia)  the State Cabinet; or

Law Enforcement Integrity Commissioner Act 2006

19  Subsection 5(1)

Insert:

Cabinet includes:

                     (a)  a committee of the Cabinet (including the committee known as the National Cabinet); and

                     (b)  a committee (however described) of the National Cabinet.

State Cabinet means the Cabinet of a State or a committee of the Cabinet of a State.

20  Subsection 5(1) (subparagraph (b)(i) of the definition of sensitive information)

Repeal the subparagraph, substitute:

                              (i)  deliberations or decisions of the Cabinet or the State Cabinet; or

21  Subparagraph 149(2)(b)(ii)

Omit “or of a Committee of the Cabinet”.

Migration Act 1958

22  Subsection 5(1)

Insert:

Cabinet includes:

                     (a)  a committee of the Cabinet (including the committee known as the National Cabinet); and

                     (b)  a committee (however described) of the National Cabinet.

23  Subsection 5(1) (subparagraph (a)(ii) of the definition of non‑disclosable information)

Omit “or of a committee of the Cabinet”.

24  Paragraphs 375(b), 437(b) and 473GA(1)(b)

Omit “or of a committee of the Cabinet”.

Ombudsman Act 1976

25  Paragraph 9(3)(c)

Repeal the paragraph, substitute:

                     (c)  by reason that it would involve the disclosure of deliberations or decisions of:

                              (i)  the Cabinet; or

                             (ii)  a committee of the Cabinet (including the committee known as the National Cabinet); or

                            (iii)  a committee (however described) of the National Cabinet; or

Parliamentary Joint Committee on Law Enforcement Act 2010

26  Section 3 (subparagraph (b)(i) of the definition of sensitive information)

Repeal the subparagraph, substitute:

                              (i)  deliberations or decisions of the Cabinet, a committee of the Cabinet (including the committee known as the National Cabinet) or a committee (however described) of the National Cabinet; or

                            (ia)  deliberations or decisions of the Cabinet, or a committee of the Cabinet, of a State; or

Privacy Act 1988

27  Subsection 6(1)

Insert:

Cabinet includes:

                     (a)  a committee of the Cabinet (including the committee known as the National Cabinet); and

                     (b)  a committee (however described) of the National Cabinet.

State Cabinet means the Cabinet of a State or a committee of the Cabinet of a State.

28  Paragraph 33(2)(c)

Repeal the paragraph, substitute:

                     (c)  the disclosure of deliberations or decisions of the Cabinet or the State Cabinet;

29  Paragraph 70(1)(c)

Omit “or of a Committee of the Cabinet”.

Public Interest Disclosure Act 2013

30  Section 8 (paragraph (b) of the definition of Cabinet information)

Repeal the paragraph, substitute:

                     (b)  information the disclosure of which would involve the disclosure of any deliberation or decision of:

                              (i)  the Cabinet; or

                             (ii)  a committee of the Cabinet (including the committee known as the National Cabinet); or

                            (iii)  a committee (however described) of the National Cabinet.

Part 2Contingent amendments

Australian Citizenship Act 2007

31  Paragraph 52G(b)

Repeal the paragraph, substitute:

                     (b)  because it would involve the disclosure of deliberations or decisions of:

                              (i)  the Cabinet; or

                             (ii)  a committee of the Cabinet (including the committee known as the National Cabinet); or

                            (iii)  a committee (however described) of the National Cabinet.

Data Availability and Transparency Act 2021

32  Paragraph 106(3)(c)

Repeal the paragraph, substitute:

                     (c)  involve the disclosure of deliberations or decisions of:

                              (i)  the Cabinet; or

                             (ii)  a committee of the Cabinet (including the committee known as the National Cabinet); or

                            (iii)  a committee (however described) of the National Cabinet;

Part 3Application provision

33  Application provision

(1)       The amendments of the Freedom of Information Act 1982 made by Part 1 of this Schedule apply in relation to the following requests for access to a document (regardless of when the document was brought into existence):

                     (a)  a request that is made on or after the commencement of this item;

                     (b)  a request that was made, but not finally determined, before that commencement.

(2)       For the purposes of paragraph (1)(b), a request has not been finally determined unless all rights of review and appeal in relation to the request have expired or have been exhausted.